Fourth Report C.B.(I) No. 128 - Vols. IV & V. COMMITTEE OF PRIVILEGES FOURTH AND FIFTH REPORTS (SECOND LOK SABHA) (Laid on the Table on the 27th September; 1958) I~ A I, I " ,. ~ 'T I! F If A R '\ It,Qtt~ ~'lt~ J.:, ,r. ... ' .. .11' .Q'I. ( S-Y. '""" .. ! ) f ,;" -,. (0 :~~ ........ , r; (>.'/( ,'/ ) , ... ~ 1\ t!,,,,. I . LOI{ SABHA SECRETARIAT NEW DELHI .,'" (J'".: September. 1958 Pric': Rs. l' 25 CONTENTS PAOBS I. PlrsonMl of tM Commiltu of Pri";II"s (i), 43 2. Fourth RlPort - (i) Report 1-I2 (ii) Speaker's orders on the Fourth Report 13 (iii) Minutes 14-19 (iv) Bvidence 20-29 (v) Appendices 30-39 3. Fifth R.port - (i) Report 44-48 (ii) Spcak';ra orde.'s on the Fourth and Fifth Reportt 49 (iii) Minutes So-S2 (iv) Appendices S3-89 FOURTH REPORT PERSONNEL OF THE COMMITTEE OF PRIVILEGES 1. Sardar Hukam Singh-Chairman. 2. Shri Satya Narayan Sinha. 3. Shri Asoke K. Sen. 4. Pandit Munishwar Dutt Uppadhyay. 5. Dr. P. Subbarayan. 6. Shri Nemi Chandra Kasliwal. 7. Shrimati Jayaben Vajubhai Shah. 8. Shri N. M. Wadiwa. Members. 9. Shri Sarangadhara Sinha. 10. Shri Shivram Rango Rane. 11. Shri Hirendra Nath Mukerjee. 12. Shri Indulal Kanaiyalal Yajnik. 13. Shri Bimal Comar Ghose. 14. Shri Shraddhakar Supakar. 15. Shri Hoover Hynniewta. SECRETARIAT Shri S. L. Shakdher-Joint Secretary. Shri Avtar Singh Rikhy-Deputy Secretary. ( i ) FOURTH REPORT OF THE COMMITTEE OF PRIVILEGES (SECOND LOK SABHA) I. INTRODUCTION AND PRocEDURE I, the Chairman of the Committee of Privileges, submit this report to the Speaker in the following case, which was referred. under rule 227 of the Rules of Procedure and Conduct of Business in Lok Sabha, to the Committee by the Speaker on the 21st October, 1957:- Shri Kansari Halder, M.P., in a letter- addressed to the Speaker, complained: (i) "I was kept in police custody in Delhi for four days, and was produced before Additional District Magistrate on the 24th August. At that time, however, attempts were made to put handcuffs on my wrists. I vehe- mently objected and pointed out that as I was being prosecuted on a political charge, handcuffing was ex- tremely improper and I would not tolerate it. I added that as a Member of Parliament I was certainly entiUed to expect the courtesies ordinarily extended to political offenders. The Additional District Magistrate, Mr. S. Hossain, however, appeared to take a different view and said that handcuffing of accused persons was part of 'the law of the land'. I was astonished to hear this and pro- tested strongly. Perhaps fearing I might resist further and the repercussions might be unpleasant, the handcuffs were not actually put on my wrists, but I feel I was deliberately and unwarrantedl}" humiliated, and that humiliation affected not me personally so much as the dignity of Parliament to which my people elected me with a very large majority. (ii) When I was in police custody and these extraordinary humiliations were being poured on me, I wrote a lettert to the Deputy Leader of my party in Lok Sabha, Shri Hiren Mukerjee,· M.P., detailing the incidents and re- questing that the matter be taken up with you or in .. ..... -----_ __._ -----_._-------- -Appendix 'A' (Pages 30 -31) tApprndix 'B' (Pages 32-~3) 2 any manner conformable with Parliamentary practices and conventions. I did not write to you directly at that time because I thought that you would come to be infonned of my predicament by Shri Hiren Muker- jee. I have now learnt that the said letter never reached Shri Mukerjee. This means that the authori- ties must have held it up. I feel this is unwarrantable interference with the rights of a Member o~ Parliament who writes from prison to one of his leaders in the House in order that his privileges are not disregarded by the executive." 2. The Committee held five sittings. ',3. -At the first sitting held on the 19th November, 1957, the Committee considered the complaint of Shri Kansari Halder, M.P.; and directed that Shri Halder might be requested to appear before the Committee to give detailed information on the subject. The Committee also directed that the Ministry of Home Affairs might be requested to furnish information about the circumstances of the release of Shri Kansari Halder and the reasons why that information had' not been sent to the Speaker by the authority concerned in terms of rule 230 of the Rules of Procedure and Conduct of Business in, Lok Sabha. 4. At the second sitting held on the 21st November, 1957, the Committee examined Shri Kansari Halder. The Committee directed that the facts in regard to the complaint of Shri Halder about the alleged withholding of his letter addressed to Shri Hirendra Nath Mukerjee, M.P., by West Bengal jail authorities, might be obtained from the authorities concerned. 5. At the third sitting held on the 31st March, 1958, the Com- mittee considered the facts of the case as supplied by the Ministry of Home Affairs, and came to their conclusions. 6. At the fourth and fifth sittings held on the 5th and 16th April, 1958, the Committee deliberated on the draft report. II. FACTS OF THE CASE 7. The facts relating to the arrest of Shri Kansari Halder are as under:- (i) On the 31st May, 1957, the Deputy Superintendent of Police, South District, New Delhi, sent a letter to the 3 Lak Sabha Secretariat, requesting that he might be permitted by the Speaker to arrest Shri Kansari Halder, Member, Lok Sabha, in execution of a non-bailable wax:rant issued by the Judge, Third Tribunal, Alipore (24 Parganas) to stand a charge for criminal offence under sections 120B /302/436, Indian Penal Code.· The letter of the Deputy Superintendent of Police mentioned above was forwarded in original to the Ministry of Home Affairs for disposal and their attention was drawn spe- cific,lly to rule 232 of the Rules of Procedure which lays down that no arrest should be made within the precincts of the House without obtaining the permission of the Speaker. The Ministry were also informed that if circumstances required that a M.P. should be arrested within the precincts of the House, a well reasoned request should be made by the Ministry of Home Affairs for the consideration of the Speaker. (ii) On the 22nd August, 1957, the District Magistrate, Delhi, sent the following intimation to the Speaker about the arrest of Shri Halder and this was read out in the House by the Speaker on that very day: "In execution of a warrant of arrest issued by tlw Court of Judge, Third Tribunal, Alipore, 24 Parganas, West Bengal, under Section 75, Cr. P.C. which was marked to Shri P. D. Punetha, Deputy Superintendent of Police (South) he found it necessary in discharge of -------~-----~.-.-.---.--.. ----- _.. ·Indian Penal Code, 1860. 120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punisbable with death, transportation or rigorous imprisonment for a term of two years or upwards, shall, where no expnMIs provision is made in this Code for the punishment of such a conspiracy, be punished in the lIame manner as if he had abetted such offence. (2) Whoever is a party to a oriminal conspiracy other thana criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either discription for a term not exceeding six months, or with fine or with both. 302. Whoever commits murder shall be punished with death, or transporta- tion for Ufe. and shall also be liable to fine. 436. Whoever commits mischief by ftre or any explosive substance, intend- ing to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with transportation for life. or with imprisonment of either descrip- tion lor a term which may extend to ten years, and shall also be liable to fine. his duties to put under arrest Shri Kansari Halder, Member, Lok Sabha, on the 21st August, 1957, at 18-15 hours from 2, Windsor Place, New Delhi and he was remanded by the Resident Magistrate, New Delhi, to Judicial Custody till the 25th August, 19570" [L.S. Deb., Dated 22nd August 1957, Col. 9324.] (iii) In response to the query of the Committee to the Ministry of Home Affairs about non-intimation qf release of Shri Halder subsequent to his arrest the Ministry forwarded a copy of the letter· from the Judge, Third Tribunal, Alipore, which inte1" alia stated that Shri Kansari Halder. M.P., had been "released on bail on the 28th September, 1957 during the pendency of the trial" in pursuance of / the order of the Calcutta High Court. It further stated I that "inasmuch as the release on bail was made during the trial and not after conviction, pending appeal, the fact, it appears was not intimated to the Speaker, I.ok Sabha." The Committee also noted that the Ministry of Home Affairs in lheir forwarding note had stated: "The explanation furnished by the Judge, 3rd Tribunal, Alipore, with regard to non-intimation to the Speaker, of the fact of release on bail pending trial of Shri Kansari Halder appears to be in accordance with the rules on the subject. Rule 230 of the Rules of Pro- cedure and Conduct of Business in Lok Sabha does not make it incumbent upon the authority concerned to in- timate the fact regarding the release of a Member of Parliament on bail pending trial, to the Speaker." The Committee are of opinion that no breach of privilege had , been committed under the existing rules by the authorities concern- :~ ed in not sending the intimation of release of Shri Kansari Halder J on bail pending trial, to the Speaker.